Walters v. Murphy, No. 5:2017cv00096 - Document 78 (N.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND OVERRULING PETITIONER'S OBJECTIONS: Granting 50 Motion for Summary Judgment; Granting 68 Motion to Withdraw as Attorney (Attorney Zac hary A. Viglianco terminated), Adopting 69 Report and Recommendation ; Denying 1 2254 Petition; and Overruling 77 Objections. Case is Dismissed with Prejudice and Stricken from active docket of this Court; and a Certificate of Appealability is Denied. Clerk directed to enter Judgement pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr on 9/12/19. (copy to Petitioner by cert. mail)(soa) (Additional attachment(s) added on 9/12/2019: # 1 Certified Mail Return Receipt) (soa).